People v. Cash

— Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant and another were indicted on several counts of felony assault and criminal possession of a weapon. After a nonjury trial the court found the codefendant not guilty under all counts and found defendant not guilty of the counts charged in the indictment but guilty of a lesser included offense of assault in the third degree under subdivision 3 of section 120.00 of the Penal Law, criminally negligent infliction of physical injury by means of a deadly weapon or dangerous instrument. Defendant…